Sri Chakra Cements Limited vs. Deputy Commissioner

WP/8938/2024HC Andhra PradeshGSTCNR APHC01017716202406 May 2025Bench: R RAGHUNANDAN RAO,K MANMADHA RAO2 pages
For Petitioner: KARTHIK RAMANA PUTTAMREDDYFor Respondent: GP FOR COMMERCIAL TAX
AI SummaryWithdrawn

Held

The Court accepted the petitioner's submission. It was held that the Writ Petition could be dismissed as withdrawn with liberty granted to the petitioner to approach the authorities. The reasoning behind this decision is based on the petitioner's stated intention to avail an AMNESTY Scheme, which implies a desire to resolve the matter through that scheme rather than pursuing the writ petition. The operative direction was to dismiss the writ petition as withdrawn with liberty. No specific issues were decided on merits. The Court also stated that there would be no order as to costs, and any pending interlocutory applications would stand closed.

Facts

The petitioner, Sri Chakra Cements Limited, filed a Writ Petition (W.P. No. 8938/2024) before the Andhra Pradesh High Court. The respondents were the Deputy Commissioner and others. The petitioner's counsel informed the court that the petitioner wished to avail an AMNESTY Scheme and therefore sought to withdraw the Writ Petition with liberty to approach the concerned authorities. The tax period and the specific order or action under challenge, as well as the amount in dispute, are not recorded in the provided judgment.

Key Issues

1. Whether the petitioner can withdraw the Writ Petition with liberty to approach the authorities, given their intention to avail an AMNESTY Scheme? Petitioner's Contention: The petitioner, through their counsel, submitted that they are desirous of availing the AMNESTY Scheme and consequently wish to withdraw the Writ Petition. They also requested liberty to approach the relevant authorities in this regard. Respondent's Contention: The judgment does not record any specific arguments or contentions from the respondent's side. The General Power (GP) for Commercial Tax appeared for the respondents.

AI-generated summary — verify with the full judgment below

APHC010177162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO I.A.No.1 of 2025 In/And WRIT PETITION NO: 8938/2024 Between: Sri Chakra Cements Limited ...PETITIONER AND Deputy Commissioner and Others ...RESPONDENT(S) Counsel for the Petitioner:

1.

KARTHIK RAMANA PUTTAMREDDY Counsel for the Respondent(S):

1.

GP FOR COMMERCIAL TAX The Court made the following order: (per Hon’ble Sri Justice R Raghunandan Rao)

The learned counsel for the petitioner submits that the petitioner is desirous of availing the AMNESTY Scheme and wishes to withdraw the Writ Petition with liberty to approach the authorities.

Accordingly, the Writ Petition is dismissed as withdrawn with liberty. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any shall stand closed. _______________________ R RAGHUNANDAN RAO, J

_______________________ Dr. K MANMADHA RAO, J MJA

60

THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOU

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Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.